Tuesday, September 30, 2008

[JURIST] The US House of Representatives on Monday rejected a financial rescue bill [PDF text; summary] that would have allowed courts to review purchases of troubled assets made by the US Treasury Department [official website]. The Emergency Economic Stabilization Act of 2008, defeated by a vote of 228-205, would have permitted courts to set aside Treasury actions that were "arbitrary, capricious, an abuse of discretion, or not in accordance with law." The bill further shielded the Treasury secretary from injunctive relief except for constitutional violations and provided that any requests for restraining orders or injunctions be considered on an expedited basis. CNN has more.

Last week, Senate Democrats questioned the legality [JURIST report] of the Bush administration's proposed version of the legislation, which would have precluded judicial oversight of the asset purchases. Led by US Sen. Christopher Dodd (D-CT), chairman of the Senate Banking Committee [official websites], the Democrats put forth their own proposal that included the judicial review language. Some observers had expressed concern that the Bush proposal would represent an unconstitutional delegation of the spending powers granted to Congress by Article I of the US Constitution [text].

This opinion will be unpublished andmay not be cited except as provided by AFTER 10 YRS SUE SHARON VS. http://sicko-citystpaul.blogspot.com Stealing our Propertys by Unpublished Opinions

Minn. Stat.Â§ 480A.08, subd. 3 (1996).

STATE OF MINNESOTARelators Bank of America and Department of Housing and Urban Development (HUD), respectively the mortgagee of a St. Paul apartment building and the mortgage guarantor, appeal a St. Paul City Council resolution ordering them to repair or demolish the building within five days. Respondent City of St. Paul contends that the building is a public nuisance that must be abated immediately.IN COURT OF APPEALS

St. Paul / Power shutoffs increase fourfold

The number of homes in St. Paul without power for a month has nearly quadrupled this year over last year at this time.

The situation is likely more fallout from the housing crisis and crummy economy, combined with a "normal" winter that racked up higher heating bills than those of recent years, utility and city officials say.

Because state law prohibits heat and power shutoffs until April 15, spring and summer always bring a wave of shutoffs. But this year is worse, according to figures supplied by Xcel Energy and St. Paul.

As of the first day of July, 397 homes had been cut off by Xcel for more than 30 days, compared with 105 last July 1.

Marion Pearson's house was one of the 397. And as she discovered, losing power in St. Paul can lead to a host of other headaches.

Like condemnation.

Pearson's husband of many years had moved out of their home at 1147 W. Central Ave., she said at a recent City Council meeting, where she testified in hopes of not getting kicked out by the city. Even though Pearson is listed as the sole owner of the house, her husband had always paid the Xcel bill, and it was in his name only.

She's an older woman, she told council members, and she hadn't thought about the power bill in years. When the electricity was shut off, it took her awhile to figure out the problem. Too long, it appears.

The city condemned her house and ordered her to vacate. After Pearson explained to council members what had happened and that she was

the process of working out a payment plan with the utility, she asked one question: "Will I be able to stay in my house?"

You can't live without electricity in St. Paul. It's illegal. Along with other essential "facilities" — fresh water and a few sinks, a toilet and sewage service, and a modern heat source — every residential dwelling in St. Paul must have electricity.

"This is not rural Minnesota where you can have a corncob stove in the back yard," Council President Kathy Lantry said in an interview. "People today want electricity, and they'll find a way to get it. It's our job to make sure it's safe."

If someone wants to live "off the grid," he can, as long as an inspector signs off on the set-up. But that's hardly the norm.

Extension cords strung between houses, poison-emitting gas stoves used to heat entire homes and other makeshift solutions are all-too-common sights for city inspectors when they discover someone has been living without utility service. Such fixes are dangerous, not only to the occupants but also their neighbors, city officials say.

Few other municipalities have enforcement as strict as St. Paul, and it's unclear how the economy is affecting utility customers elsewhere. Despite St. Paul's quadrupling shutoff rate, disconnections are actually down about 2.7 percent statewide, according to Xcel's figures. Utility officials suspect numerous shutoffs have been avoided so far by an influx of government funds, including the federal Low-Income Heating Assistance Program and the economic-stimulus tax-rebate checks.

Unlike other municipalities in Xcel's service, St. Paul receives weekly reports from the utility on homes where power has been shut off and not restored for 30 days. The city immediately sends out an inspector. If the home is occupied, the inspector condemns the place and tells the occupants to move out.

"It's sad," said Bob Kessler, who heads the city's Department of Safety and Inspections, whose inspectors inform people they can no longer live in their homes. "We try to find them a charity to help pay the bills or maybe a place to stay, but in this economy, there are some people who just can't pay."

If the inspector finds the home empty, he or she recommends it for the vacant-housing list.

Bonnie Mae Gear's place was empty. The vacancy notice was the first Gear knew there was a problem with the house she owns at 1301 E. Minnehaha Ave. She lives in Vadnais Heights and had rented the home to a woman for seven years.

The tenant moved out without telling Gear. But she did tell Xcel to kill the power.

Xcel generally doesn't track down the owner of a home before disconnecting electricity. Patrick Boland, manager of credit policy and compliance, said sorting through ownership papers can be complicated, especially in today's environment, where overseas financial institutions often have an interest.

"Generally, the resider is responsible for paying," Boland said.

So Gear was never told, until the city tracked her down to tell her the house was scheduled to be placed on the city's official vacancy list.

Being on the vacant-housing list in St. Paul kicks in a host of fees and building-code rules that would otherwise not be a problem for older homes built under different building codes. Among other small problems with Gear's house, inspectors said the porch needed railings and the door needed a new screen. Meanwhile, the place couldn't be rented, they said.

Gear pleaded her case before the City Council, showing photos of the clean interior, including new windows and carpeting and a refinished bathroom with a new toilet.

"Why did this have to happen?" she said.

In the end, technically, the system worked for both Gear and Pearson after they made the trip to City Hall and testified. Council members voted to give Pearson more time to work out a payment plan with Xcel, and Gear was afforded a chance for an immediate inspection to avoid being placed on the vacant-housing list.

Lantry, who presides over such council proceedings, said later it may have seemed obvious that Gear's home should not have been caught up in a bureaucratic machine designed to avoid unsafe or unsanitary housing, but the city must enforce its rules.

"We don't have the luxury of saying, 'This person's a reasonable person,' " Lantry said. "We can't show favoritism and subjectivity. This system is the only way the city can protect its residents and its property

RICK CARDENAS- DISABLED-NANCY LAZARYAN- SOVERIGN ADVOCATESAgenda Wed.23July08http://stpaul.granicus.com/AgendaViewer.php...Well known activist Rick CardenasItem (2) must for public polcy have S&C in pdf format2. Summons and Complaint in the matter of Rick Cardenas vs. the City of Saint Paul, et al.

The Citys Bizzare "MEMORIALIZING" likened to Torrens Titles to Realestate, without Quiet Title actions, Resolutions based on Fraud, Theft, Trespass, Treason "takings" without serving "public use" or Just Compensation

http://www.law.cornell.edu/supct/html/04-108.... KeloGREAT EX: found at www.ademocracy.blogspot.com and google search engines re: Nancy Lazaryan Exposing City St. Paul heinous violationsof Open Meeting Laws26. Resolution - 08-796 - Memorializing City Council action taken July 2, 2008 denying the appeal and enforcement of first floor boarding stayed pending district Court direction on matter for property at 1033 Colne Street, per the recommendation of the Legislative Hearing Officer.(GS 3056475)

To the Council of the City of St. PaulThe Valuation and Assessment Engineer hereby report s to the Council thefollowing as a statement of the expenditures necess arily incurred for and inconnection with the making of the above improvement , viz:Total costs $138,255.38Park Service Fee $Code â€“ Enforcement Service Fee $ 33,300.00Real Estate Service Fee $ 14,045.00TOTAL EXPENDITURES $185,600.38Charge ToNet Assessment $185,600.38Said Valuation and Assessment Engineer further reports that he has assessed andlevied the total amount as above ascertained, to-wi t: the sum of $185,600.38 uponeach and every lot, part or parcel of land deemed benefitted by the said improvement,and in the case of each lot, part or parcel of land in accordance with the benefitsconferred thereon; that the said assessment has bee n completed, and that heretoattached, identified by the signature of the said Valuation and Assessment Engineer,and made a part hereof, is the said assessment as c ompleted by him, and which isÂ£Å½Ã‡ÂÂ£RÃ¼Ã‹Â²)

34. Resolution Approving Assessment - 08-804 - In the matter of the assessment of benefits, cost, and expenses for summary abatement (graffiti removal) on private properties from May 27 to June 17, 2008 [J0808P]; emergency boarding and securing, and boarding of vacant buildings during May 2008 [J0804B]; summary abatement (property cleanup) on private property from June 5 to June 27, 2008 [J0821A]; providing weekly garbage hauling services from June 18 to June 25, 2008 [J0821G], and setting date of public hearing for September 10, 2008.(GS 3056494)Affiant in Good Faith based on www.ci.stpaul.mn.us published web site brings to the public as www.quitam.com WHISTLEBLOWER

Click here: Sharon4Council Disclaimer on Site'sThe Electronic Communications Privacy Act (ECPA) sets out the provisions for access, use, disclosure, interception and privacy protections of electronic communications. The law was enacted in 1986 and covers various forms of wire and electronic communications. According to the U.S. Code, electronic communications "means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects interstate or foreign commerce." ECPA prohibits unlawful access and certain disclosures of communication contents. Additionally, the law prevents government entities from requiring disclosure of electronic communications from a provider without proper procedure. The Legal Institute provides Title 18 of the U.S. Code, which encompasses ECPA.NOTICE: This communication is not encrypted. This e-mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and Electronic Communications Privacy Act

Mon 14Jul08 YOUR BE THE JUDGE OF OUR MONEY IF 42 ST.PAUL CITY ATTORNEYS CANNOT DO THEIR JOBS, THEN FIRE ALL OF THEM IMMEDIATELY.

Legal Notice to City of St. Paul, Mayor,Council, City Attorney John Choi Candidate Sharon Scarrella Anderson aka Peterson demands FOIA public copys of any all contract's to retain the Briol Law Firm against Merrill Lynch, cost, to implemente outsidecounsel